Although many people think animal testing is a new practice that developed with modern technologies, animal testing has been prevalent throughout history.  According to the National Library of Medicine, in 300 B.C., Greek scientists used live animal testing to advance their understanding of anatomy and physiology.  In the 12th century, physicians practiced experimental surgical procedures on animals before applying them to human patients.  In the early 1900’s,  animals were used for testing to understand the effects of different pharmaceuticals.   

The Animal Welfare Act (AWA), enacted in 1966, is the only Federal law that regulates the treatment of animals in research facilities.  Under the AWA, the Animal and Plant Health Inspection (APHIS) agency within the Department of Agriculture is responsible for ensuring states meet the standards set by the AWA. (AWIC.org).  The AWA ensures minimum standards of care are met.  This includes basic needs such as access to food and water, proper housing, adequate veterinary care, and humane treatment of animals. 7 U.S.C. 54 § 2131 (2015).  Facilities that test on dogs must provide adequate exercise, attend regular veterinary visits, and an atmosphere conducive to a dog’s psychological well-being. Id.  The AWA provides protection for dogs, cats, primates, and other mammals, but does not protect birds, rats, or mice. 

The AWA requires annual inspections of research facilities to ensure the rules and regulations are met. 7 U.S.C. 54 § 2419(b) (2015).  Violations of the AWA can result in license suspension, civil penalties, and criminal penalties. 7 USCS § 2149.  Even though the AWA sets out minimum standards, states such as Maine have afforded extra protections for animals used for testing in research facilities.  South Carolina law does not provide specific protections for animals used for testing in research facilitie

 In 2021, there were 8 entities registered with APHIS as animal research facilities in South Carolina: MUSC. Clemson University, University of South Carolina, Tri-County Technical College, Alpha Genesis, Lowcountry Biosource, Benedict College and Piedmont Technical College.  Collectively, 101 dogs, 91 cats, 21 rabbits, 101 pigs, 572 non-human primates, 40 hamsters, 118 guinea pigs, and 1,430 animals categorized as “other animals” were used in animal testing.

Proponents of animal testing advocate for the practice because it contributes toward life-saving medications, treatments, cures, and vaccines.  Advocates for the practice argue that there is no adequate alternative to animal testing due to the complex interrelated processes of animals and humans.  Advocates against animal testing argue that it is cruel and inhumane.  Additionally, they argue that there are other research methods such as in-vitro testing on human cells that are just as comparable to animal testing. 

In 2021, South Carolina Representative Nancy Mace introduced H.R. 6186.  This bill prohibits the National Institute of Allergy and Infectious Diseases from conducting or supporting research that causes significant pain or distress to a dog.  The bill has been introduced to the House and assigned a committee.  The bill awaits House and Senate action.

Check out the law library for more animal testing information:

Animal Experimentation: a Guide to the Issues, by Vaughan Monamy, Call number HV 4915 .M65 2009.

Alternatives to Animal Use in Research, Testing, and Education. U.S. Congress, Office of Technology Assessment, 1986.

Animal Use in Federal Research: Agencies Share Information, but Reporting and Data Quality Could Be Strengthened. United States Government Accountability Office, 2018.

Allison R. Carswell

Sol Blatt, Jr. Law Library Research Fellow
Juris Doctor Candidate, May 2024 Charleston School of Law